New York Court of Appeals

Glenbriar Co., Appellant v. S. Lee Lipsman, Respondents

October 20, 20055 N.Y.3d 388

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, holding that the landlord failed to meet its burden of proving the Lipsmans did not use the Bronx apartment as their primary residence under the Rent Stabilization Code. The Court emphasized that it could not review the affirmed factual findings and therefore upheld the lower courts’ decision.